sc691001.88-93

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.E.Standing Committee Proceedings: 10th January 2006
88

Health Bill, continued

Caroline Flint

Agreed to  138

Clause  75,  page  57,  line  29,  after ‘section’, insert ‘(Amendments relating to Local

Health Boards and abolition of Welsh health authorities) or’.

Caroline Flint

Agreed to  83

Clause  75,  page  57,  line  37,  at end insert—

‘( )
No statutory instrument containing an order under section 76(3A) which amends

or repeals any provision of an Act or an Act of the Scottish Parliament may be

made by the Scottish Ministers unless a draft of the instrument has been laid

before, and approved by a resolution of, the Scottish Parliament.

( )
Otherwise, a statutory instrument containing an order under section 76(3A) is to

be subject to annulment in pursuance of a resolution of the Scottish Parliament.’.

Mr Andrew Lansley

Dr Andrew Murrison

Mr Crispin Blunt

Not called  68

Clause  75,  page  57,  line  45,  at end add—

‘(8)
Any statutory instrument made under Part 1 of this Act will cease to have effect

three years after it comes into force unless the instrument concerned has been laid

before and approved for continuation by a resolution of each House of

Parliament.’.

Clause, as amended, Agreed to.

Caroline Flint

Agreed to  84

Clause  76,  page  58,  line  10,  at end insert—

‘(3A)
The Scottish Ministers may by order make—

(a)
such supplementary, incidental or consequential provision, or

(b)
such transitory, transitional or saving provision,


as they consider appropriate for the general purposes, or any particular purposes,

of the provisions specified in subsection (3B) or in consequence of, or for giving

full effect to, any of those provisions.

(3B)
Those provisions are—

(a)
section 33(2),

(b)
so far as extending to Scotland, section 70 and paragraph 53 of Schedule

8.

(3C)
An order under subsection (3A) may not include any provision which would be

outside the legislative competence of the Scottish Parliament if it were included

in an Act of that Parliament.

(3D)
An order under subsection (3) may not include any provision which it would be

competent for the Scottish Ministers to make in an order under subsection (3A).’.

Caroline Flint

Agreed to  85

Clause  76,  page  58,  line  11,  after ‘(3)’ insert ‘or (3A)’.

S.C.E.Standing Committee Proceedings: 10th January 2006
89

Health Bill, continued

Clause, as amended, Agreed to.

Caroline Flint

Agreed to  130

Schedule  8,  page  80,  line  30,  leave out ‘prepared in accordance with directions

under’.

Caroline Flint

Agreed to  131

Schedule  8,  page  80,  line  31,  leave out ‘kept in accordance with directions under

paragraph 3(1)’ and insert ‘paragraph 5(1)’.

Caroline Flint

Agreed to  132

Schedule  8,  page  81,  line  1,  leave out sub-paragraph (2) and insert —

    ‘(2)
Omit paragraph 1(g).’.

Caroline Flint

Agreed to  133

Schedule  8,  page  81,  leave out lines 4 to 6 and insert —

“1A
Section 2 also applies to annual accounts of health service bodies

prepared under paragraph 5(1) of Schedule 12B to the National

Health Service Act 1977.”.’.

Caroline Flint

Agreed to  134

Schedule  8,  page  81,  line  10,  before ‘section’, insert ‘the accounts kept in

pursuance of’.

Caroline Flint

Agreed to  135

Schedule  8,  page  81,  line  11,  leave out ‘paragraph 3(2)’ and insert ‘any accounts

kept or prepared in pursuance of paragraph 3 or 5’.

Caroline Flint

Agreed to  136

Schedule  8,  page  81,  line  13,  after ‘accounts’ insert ‘or prepare annual accounts’.

Schedule, as amended, Agreed to.

Caroline Flint

Agreed to  137

Schedule  9,  page  84,  line  33,  column 2, leave out ‘paragraph’ and insert

‘paragraphs 1(g) and’.

Schedule, as amended, Agreed to.

S.C.E.Standing Committee Proceedings: 10th January 2006
90

Health Bill, continued

Clauses 77 and 78 Agreed to.

Caroline Flint

Agreed to  139

Clause  79,  page  59,  line  4,  leave out ‘section 71’ and insert ‘sections 71 and

(Amendments relating to Local Health Boards and abolition of Welsh health authorities)’.

Caroline Flint

Agreed to  86

Clause  79,  page  59,  line  5,  leave out first ‘and’ and insert ‘to’.

Caroline Flint

Agreed to  87

Clause  79,  page  59,  line  7,  at end insert—

‘( )
The following provisions come into force on such day as the Scottish Ministers

may by order appoint—

(a)
section 33(2), and

(b)
so far as extending to Scotland—

(i)
section 70,

(ii)
paragraph 53 of Schedule 8, and

(iii)
section 76(1) so far as relating to that paragraph.’.

Steve Webb

Stephen Williams

Not called  54

Clause  79,  page  59,  line  40,  at end insert—

‘(5A)
Part 1 and sections 72 and 73 so far as relating to offences under that Part shall

come into force in relation to England at noon on 1st January 2007;’.

Clause, as amended, Agreed to.

Caroline Flint

Agreed to  140

Clause  80,  page  60,  line  5,  after ‘sections’, insert ‘(Amendments relating to Local

Health Boards and abolition of Welsh health authorities),’.

Caroline Flint

Agreed to  88

Clause  80,  page  60,  line  6,  leave out from ‘Act’ to ‘has’ in line 7

Caroline Flint

Agreed to  89

Clause  80,  page  60,  line  9,  leave out subsection (5).

S.C.E.Standing Committee Proceedings: 10th January 2006
91

Health Bill, continued

Clause, as amended, Agreed to.

Remaining New Clauses

Breastfeeding etc.

Mr David Kidney

Annette Brooke

Not called  NC3

To move the following Clause:—

‘(1)
Subject to subsection (2), it is an offence deliberately to prevent or stop a person

in charge of a child from feeding milk to that child in a public place or on licensed

premises.

(2)
Subsection (1) does not apply if the child, at the material time, is not lawfully

permitted to be in the public place or on the licensed premises otherwise than for

the purpose of being fed milk.

(3)
A person guilty of an offence under subsection (1) is liable on summary

conviction to a fine not exceeding level 4 on the standard scale.

(4)
In this section—

“child” means a person who has not yet attained the age of two years;

“feeding” includes—

(a)
breastfeeding; and

(b)
feeding from a bottle or other container;


“licensed premises” means premises used for licensable activity under Part III of

the Licensing Act 2003 (c. 17);

“milk” means breastmilk, cow’s milk or infant formula;

“public place” means any place to which, at the material time, the public or any

section of the public has access, on payment or otherwise, as of right or by virtue

of express or implied permission.’.

Vicarious liability

Mr David Kidney

Annette Brooke

Not called  NC4

To move the following Clause:—

‘(1)
Anything done by a person in the course of that person’s employment shall, in any

proceedings brought under section [Breastfeeding etc.], be treated for the purpose

of this section as done also by that person’s employer, whether or not it was done

with the employer’s knowledge or approval.

(2)
Anything done by a person as agent for another person with the authority

(whether express or implied and whether precedent or subsequent) of that other

person shall, in any proceedings brought under section [Breastfeeding etc.] be

treated for the purpose of this section as done also by that other person.

S.C.E.Standing Committee Proceedings: 10th January 2006
92

Health Bill, continued

(3)
In proceedings brought under this Part of this Act against an employer in respect

of an offence under section [Breastfeeding etc.] alleged to have been done by an

employee of the employer, it shall be a defence for the employer to prove that the

employer took such steps as were reasonably practicable to prevent the employee

from committing such an offence in the course of the employee’s employment.

(4)
In this section, “employment” means employment under a contract of service or

of an apprenticeship or a contract personally to do any work; and related

expressions are to be construed accordingly.’.

Fixed penalties for offence of preventing a person feeding milk to a child

Mr David Kidney

Annette Brooke

Not selected  NC5

To move the following Clause:—

‘(1)
An authorised officer of an enforcement authority (see section 10) who has reason

to believe that a person has committed an offence under section [Breastfeeding

etc.] on premises, or in a place or vehicle, in relation to which the authorised

officer has functions may give him a penalty notice in respect of the offence.

(2)
A penalty notice is a notice offering a person the opportunity to discharge any

liability to conviction for the offence to which the notice relates by paying a

penalty in accordance with this Part.

(3)
Schedule 1 makes further provision about fixed penalties.’.

Promotion and support of breastfeeding

Mr David Kidney

Annette Brooke

Not selected  NC6

To move the following Clause:—

‘(1)
After section 1A of the National Health Service Act 1977 (c. 49) insert—

‘‘1AA
Breastfeeding

(1)
The Secretary of State shall make arrangements to such extent as he

considers necessary to meet all reasonable requirements, for the purpose

of supporting and encouraging the breastfeeding of children by their

mothers.

(2)
The Secretary of State shall have the power to disseminate, by whatever

means, information promoting and encouraging breastfeeding.”.’.

S.C.E.Standing Committee Proceedings: 10th January 2006
93

Health Bill, continued

Jeff Ennis

Mr Andrew Lansley

Dr Andrew Murrison

Mr Crispin Blunt

Not called  71

Title,  line  2,  after ‘vehicles’, insert ‘to make provision in relation to the sale of tobacco’.

Mr David Kidney

Annette Brooke

Not called  70

Title,  line  10,  after ‘Commission;’, insert ‘to make it an offence to prevent or stop a

person in charge of a child who is otherwise to be permitted to be in a public place or

licensed premises from feeding milk to that child in that place or on those premises; to

make provision in relation to the promotion of breastfeeding;’.

Bill, as amended, reported.